city

Legal Terms and Conditions

When entering into a business relationship with HUNIC Design you will be “The CLIENT”. It will be your full responsibility to read and understand all of the terms and conditions posted in this website. BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE REGARDLESS OF YOUR FAILURE TO READ THEM.

You will also enter into a written contract with our company that will contain all of your project’s details and as The CLIENT you will adhere to legal terms and conditions herein including but not limited to:

Confidentiality Policy:
HUNIC Design LLC acknowledges that a material of the Agreement with The CLIENT is to keep all confidential information belonging to both parties absolutely confidential and to protect its release from the public at any time during or after the term of this agreement. The CLIENT is bound to follow and respect this confidentiality policy in the same manner. In addition, The CLIENT agrees that all information presented by HUNIC Design including but not limited to pricing, project strategies, project management, design concepts and other relevant elements with relation to the project will not be discussed with any third party without prior written approval from HUNIC Design.

Project Timeframe and Delivery:
HUNIC Design will work with The CLIENT to develop a streamlined plan for a successful completion of the contracted project. Once a timeline is defined and a strategy is in effect, HUNIC Design will begin collecting all relevant information from The CLIENT’S part that is essential for the completion of the project. The CLIENT must stick to the time frame for HUNIC Design to complete each phase of the project within the specified period.

HUNIC Design will provide the initial preliminary design to The CLIENT within a mutually agreed upon time frame. The CLIENT must provide all necessary elements in a timely fashion for HUNIC Design to meet the agreed deadline.

HUNIC Design may present the initial designs in person and/or via email and/or upload them to a website for The CLIENT to review and provide feedback. The CLIENT will then be able to view his/her preliminary designs and provide feedback or proceed to approve the files. HUNIC Design will analyze The CLIENT’S feedback and will make the necessary adjustments if applicable, if no adjustments are applicable HUNIC Design will move to the full development of the project. Once The CLIENT approves the final design, The CLIENT will need to submit any remaining balance owed to HUNIC Design so HUNIC Design can proceed with the delivery phase and launching of the finalized project.

Client’s Duties:
CLIENT is committed to provide to HUNIC Design full written content of the products and materials related to The CLIENT’S project and that are needed for the proper completion of the agreed work piece. This applies to website development, e-commerce development, interactive presentations and other custom projects. The CLIENT must supply this information within 30 days of entering a contract with HUNIC Design, unless the contract explicitly specifies that HUNIC Design has been hired to develop the content for project. It is therefore understood that any delays from The CLIENT submitting this information within the 30 days period will affect and cause delays in HUNIC Design’s time frame and project development dates.

In the event that The CLIENT does not submit the information to HUNIC Design within the 30-day timeline, HUNIC Design will complete and deliver the project with the information made available to HUNIC Design up to that day. The CLIENT will then be responsible for uploading content files that were not supplied to HUNIC Design within the allotted project time frame. The CLIENT will need to submit any remaining balance owed to HUNIC Design before he/she can obtain any project files.
Time frame exceptions may apply if a written contract between HUNIC Design and The CLIENT explicitly states a specific period for submitting information the project’s content to HUNIC Design other than 30 days.

If The CLIENT enters into a “Late Status” project with HUNIC Design, which means that The CLIENT has not been responsive to HUNIC Design’s time frame and/or to completing HUNIC Design’s requests for the elements needed to produce the final product, The CLIENT’S project will be subject to additional charges and HUNIC Design will reserve the right to reschedule the completion date depending on HUNIC’S calendar availability or terminate the relation without any liabilities to The CLIENT. If The CLIENT is on a payment plan, he/she must continue to make the scheduled payments to HUNIC Design for the project to continue on active status. The CLIENT’S failure to honor payment agreement with HUNIC Design will be considered contract violation.
HUNIC Design reserves the right to withdraw from this Agreement without ANY liabilities to The CLIENT if The CLIENT fails to comply with ANY of the obligations hereunder agreed. In addition, HUNIC Design reserves the right to terminate this contract if The CLIENT behaves unethically or unprofessionally with HUNIC Design at any time during the creation of the project.
In the event that this agreement is terminated with cause, HUNIC Design will not refund ANY of the payments received from The CLIENT to the date of contract termination. In addition if project has not been fully paid to HUNIC Design all work created to this point will remain in HUNIC Design’s possession and The CLIENT will have no right to use or access ANY of the work created by HUNIC Design LLC.

Business Hours:
Regular working hours for HUNIC Design are Monday through Friday 8:00am to 5:00pm excluding holidays. All correspondence will be answered from our staff in the order it is received with a time period of 24-48 hours. Please note that due to the nature of our business some matters may require longer time for troubleshooting.

Copyright Policy:
The CLIENT unconditionally agrees that any and/or all elements of text or graphics furnished to HUNIC Design for inclusion in the development of their project do not and will not infringe on any copyright or trademarks that may have been already established by another company or organization. The CLIENT will hold harmless and protect HUNIC Design from any claim or suit arising from the usage of all elements received as working files from The CLIENT ‘S part. It is The CLIENT ‘S responsibility to ensure that any names, logos, photos, graphics, slogans, videos and other relevant elements of their product, company or service are not already in use, and it is The CLIENT ‘S sole responsibility to secure patent, copyrights, registration or trademarks to protect the rights to any of the above stated elements. HUNIC Design and employees will not be held responsible for any legal action that may result from improper due diligence on the availability as well as the existence of a company’s name, image, product and idea both online and offline.

All material created and or designed by HUNIC Design LLC is copyrighted to HUNIC Design LLC only. This material cannot be reproduced, copied or used in any other media or layout outside what has been originally designed or contracted for. This applies to all work including preliminary designs, website design, print media and collateral material. All work will be designed for specific usage and The CLIENT will only be allowed to use it within the scope of the purchased design. Websites will be designed for computer browsers unless otherwise specified in writing and print media ads will be designed for a one-time use unless otherwise specified in writing.
Any copy, reproduction and misusage of HUNIC Design’s original work are strictly forbidden. In addition, HUNIC Design’s name and logo are copyrighted to HUNIC Design LLC. Any alteration, tampering, misusage or removal is forbidden and subject to penalties.

Unless otherwise arranged with your project manager, all stock photography is used under royalty-free license of HUNIC Design. As such, The CLIENT has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency.

It is understood that only after full payment has been submitted to HUNIC Design LLC, The CLIENT will own his/her project. The CLIENT agrees that the design of the project will remain irrevocably copyrighted and/or trademarked to HUNIC Design LLC and HUNIC Design LLC will be able to use this work as part of its marketing material, training, portfolio and other related usage.

Preliminary Design Policies:
All draft concepts or preliminary designs previewed by The CLIENT are for The CLIENT’S review and comment purposes only. HUNIC Design reserves the right to freely utilize and/or reproduce any ideas, images, logos or illustrations design elements etc. created by HUNIC Design that are not part or the final product for The CLIENT’S project.

HUNIC Design retains the rights to concepts, comprehensives and all artwork involved in the design process prior to The CLIENT’S final artwork, and is granted the right to use these files in promotional, informational and marketing materials.

Revisions to Client’s Projects:
Any and all revision requests or project additions and/or alterations must be submitted to HUNIC Design in writing. Revisions may be discussed verbally, however work will not commence until The CLIENT submits their revisions in writing to HUNIC Design. The CLIENT understands that revision work, along with requests for project additions or design alterations will be billed on an hourly basis. Revision work is not done free of charge unless otherwise arranged in writing.

The CLIENT must provide design guidelines to HUNIC Design for the development of the agreed project. HUNIC Design will work very hard to fulfill The CLIENT’S specifications so dramatic revisions are not necessary. The original project estimate includes reasonable revisions per design item, but if The CLIENT requests ongoing or large number of drafts or revisions, or changes the original design guidelines he/she provided to HUNIC Design, additional fees will apply to the project.

Payment Policies:
Our work whether it includes graphic design, marketing, consulting etc., is a professional service, not a returnable item. The CLIENT will be billed for the time and expertise of our graphic designers, art/creative directors, consultants and project managers. HUNIC Design charges for services by the hour and does NOT and will NOT refund ANY amounts under ANY circumstances.
Exceptions may apply when a specific amount has been negotiated in writing with The CLIENT or when a package deal has been contracted with The CLIENT and it is specified in a written contract.

HUNIC Design does not engage in trial and error work. Our portfolio has been made public and accessible, so our potential clients can determine whether the style and quality of our work is a good fit for their organization. Preliminary work or design concepts will not be produced for anyone prior to entering a formal contractual obligation.

All project quotations are estimates with a validity of 30 days. HUNIC Design’s work will not commence unless there is a formal relationship entered with The CLIENT and an upfront down payment of 40% (based on type of project and quotation amount) to activate the work order. HUNIC Design does not add any hidden fees to work orders. In the event that The CLIENT requests changes to the original work order, HUNIC Design will provide written notification of the additional costs involved and The CLIENT will need to submit an acknowledgement form to HUNIC Design with the respective payment. No work will be done unless The CLIENT has his/her account up to date.

Any payments such as Down payments, installment payments (if applicable) or other payments will be accepted as follows: Company Check or Certified Check, Bank or Wire Transfer, Money Order or Bank Draft. All invoices are due upon receipt, unless The CLIENT has entered into a payment plan agreement with HUNIC Design.
Due to the customization of our CLIENT’S project, more detailed payment policies may be listed in the written contract HUNIC Design will enter directly with The CLIENT.

General payment rules are as follows:
All payments will be made to the order of HUNIC Design LLC.
All installment payments are due on the 1st of every calendar month. The Client must submit payment in a timely manner on the due date with or without receiving notification from HUNIC Design. If The Client cannot make a payment on the 1st of the month, he/she must submit a promissory note to HUNIC Design and a post dated check for payment. Failure to submit payment or promissory note to HUNIC Design LLC on time will result in an additional fee of $25.00 after The Client’s account is 5 days past due.
HUNIC Design will suspend ALL project related work if The Client fails to submit installment payment after a period of 15 days.
No partial payments will be accepted. Partial payments will be considered as Default and equally penalized with late fees until full payment is received.
The Client’s account will be considered in Default if payment has not been received within 30 days of its due date. If this occurs, in addition to all applicable fees The Client’s account will be charged 10% APR on all the remaining balance.
All returned checks or Non Sufficient Funds, will result in additional $30 service fee charge that will be due with the scheduled payment.
If account is 30 days past due, The Client’s project will be removed from the Internet and a re-activation fee of $35 will apply.
If The Client’s account is 45 days past due, it will be considered Delinquent and HUNIC Design will Disconnect ALL of The Client’s services. To avoid further action The Client must submit full remaining balance including all applicable fees and interest.
After 60 days of default, The Client’s account will be sent to a collection agency, and The Client will be responsible for all the expenses HUNIC Design may incur to collect The Client’s balance, including but not limited to legal expenses, collection expenses and any other related fees.
HUNIC Design will consider The Client’s account satisfied and closed when all balances including fees and applicable charges if any, have been paid in full to HUNIC Design, and The Client’s account shows zero balance. The Client’s project will not be delivered unless account is up to date

Print Media Rules:
The CLIENT will be exclusively responsible for preparing and sending detailed answers to our print media briefing. This may include but is not limited to logo briefing, stationary package briefing, collateral briefing etc. In addition, The CLIENT will be solely responsible for providing accurate information related to the specified project. The CLIENT will be held responsible for completeness of infor
mation, correct grammar and quality or clarity of content. Information will be inserted or programmed into the project on a “As is” basis and HUNIC Design will be under NO obligation to review either the creative briefing for further feedback for any purpose or the content that belongs to The CLIENT’S project. Content will be included in the project as received by The CLIENT and The CLIENT agrees to release HUNIC Design from any and all claims that may arise from the information they are supplying to HUNIC Design LLC.

When HUNIC Design provides a set of “Designs” to The CLIENT, The CLIENT shall review and respond to HUNIC Design within 5 business days. If The CLIENT fails to promptly inform HUNIC Design that the provided “Designs” are not reasonably responsive to the provided feedback, The CLIENT will be deemed to have accepted the “Designs”.

If The CLIENT notifies HUNIC Design that The CLIENT considers a “Design” as not reasonably responsive to the feedback, The CLIENT shall provide exact information regarding amendments or modifications to be made to the initial “Designs”.
After providing his/her feedback, The CLIENT will be provided a subsequent response that reasonably conforms to the additional criteria requested by The CLIENT.
If after 15 days The CLIENT has failed to respond, HUNIC Design will consider the print media project as completed and the Project shall be deemed to be complete. At such time, HUNIC Design shall have no further obligation to The CLIENT, and The CLIENT shall pay HUNIC Design all fees and expenses associated with the work performed by HUNIC Design LLC.

For print media design including logo and stationery, HUNIC will need 3-5 business days to deliver the initial design choice. After The CLIENT has selected a design, HUNIC Design will offer up to 3 revisions (within reason) of the selected design until The CLIENT is satisfied. HUNIC Design may take 2 to 4 business days to complete revisions if applicable. Once the final design is approved, The CLIENT must submit all remaining balance owed to HUNIC Design for the delivery to take place. When payment is received, The CLIENT will receive the finalized files in several formats that may include JPG, High Rez TIF, PSD, .EPS, depending on the particular project.

For all other custom design orders including but not limited to brochures, pocket folders, sell sheets, magazines etc. HUNIC will need 5-7 business days to deliver the initial design choice. After a “Design” has been selected by The Client, HUNIC will offer up to 3 revisions (within reason) of the selected design until The Client is satisfied. HUNIC Design may take 2 to 4 business days to complete revisions if applicable. Once the final design is approved, The CLIENT must submit all remaining balance owed to HUNIC Design for the delivery to take place. When payment is received, The CLIENT will receive the finalized files in several formats that may include JPG, High Rez TIF, PSD, .EPS, depending on the particular project.

All print media design orders will be billed as follows:
• For orders less than $500.00 The CLIENT will pay the full amount up front.
• For orders more than $500.00, The CLIENT will submit a 50% down payment of the total cost at the time of entering a contract or placing an order. Remaining balance of 50% will be due at the time of completion so project and/or file(s) delivery can take place.

Printing Rules:
The CLIENT will be solely responsible for reviewing and approving the material supplied to HUNIC Design for the completion of the specified project. No changes will be accepted for orders that have already been sent for printing. No exceptions.

The CLIENT will be solely responsible for sending the information to HUNIC Design with the correct specifications and in the correct formats. This may include but is not limited to CMYK, RGB, High- resolution images (300dpi minimum), Font, Slogans, Information placement, Room for bleed etc.

The CLIENT will be responsible for printing costs of their project even if they make a mistake on their content, specifications and or formats. The CLIENT agrees to release HUNIC Design from any and all claims that may arise from the information they are supplying to HUNIC Design LLC.

All print orders will be billed upfront and will take 2 weeks to print from the day of The CLIENT’S approval. All print orders are Final. No refunds are available under ANY circumstances no exceptions.
In the event that The CLIENT requests a rushed order rushed fees will apply to the project.

E-Commerce Rules:
The CLIENT warrants that everything it gives to HUNIC Design to put on their e-commerce project is legally owned or licensed to The CLIENT. The CLIENT agrees to indemnify and hold HUNIC Design LLC harmless from any and all claims brought by any third-party relating to any aspect of their e-commerce, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by The CLIENT’S products, services, material supplied by The CLIENT, copyright infringement, and defective products sold via the above described website.
Furthermore, The CLIENT agrees to indemnify HUNIC Design LLC from responsibility for problems caused by third-party services that The CLIENT may be using or may use including but not limited to merchant accounts, shopping carts, shipping, mail services, real time credit card processing and other services that relate to the operation of their e-commerce project and/or order fulfillment.

Third Party Programs/Software Rules:
HUNIC Design may utilize certain software components, platforms and/or programs from third parties in the development of The CLIENT’S projects. Such programs will be utilized with the purpose of facilitating and/or improving the development, efficiency, quality and capabilities of projects including but not limited to websites, e-commerce, hosting, etc. HUNIC Design makes no warranties or endorsements and does not accept any liabilities in respect to any third party software. The CLIENT agrees to hold HUNIC Design harmless from any and all claims brought for any malfunction or defect arising from any third party material.

Licensing Rules:
HUNIC Design will acquire licenses on behalf of The CLIENT to utilize or run some programs on specific projects. These software or programs will be subjected to licensing terms imposed by the owner of the software. The CLIENT agrees to abide to these licensing terms and to not transfer or modify any licenses to any other project than what was originally contracted with HUNIC Design.

Client’s Log in Rules:
HUNIC Design will provide certain information to The CLIENT for future management of his/her project. This information may include but is not limited to log in for emails, website, control panel, content management system etc. The CLIENT will be solely responsible for guarding and maintaining this information confidential at all times. The CLIENT agrees to indemnify and hold HUNIC Design LLC harmless in the event that this information is mismanaged and/or misplaced and consequently becomes available to the public.

Domain Name server Rules:
For HUNIC Design to re-direct or point The CLIENT’S Domain Name to HUNIC Design’s Server one of the following must occur:
1- The CLIENT will need to change current DNS Settings to point to HUNIC Design’s Server.
Or
2- The CLIENT will need to provide the URL of the Website where HUNIC Design can access the Domain Name Server, example: Networksolutions.com, its Username and Password. Without either one of the above stated HUNIC Design will not be able to re-direct servers for The CLIENT.

The CLIENT will be responsible for saving all of his/her existing information hosted in the prior server before HUNIC Design re-directs the DNS settings to HUNIC Design’s server. The CLIENT will hold HUNIC Design harmless from all responsibility arising from failure to conduct backup of all his/her information including but not limited to databases, files, emails etc. in the event they are lost during the switch.

The CLIENT will be responsible for providing HUNIC Design with all the related and necessary information that is required for the DNS redirect to take place seamlessly. Transfers may take anywhere between 24-48 hours to populate so HUNIC Design will take the necessary steps to prevent down time for The CLIENT’S project during business hours. The CLIENT agrees to make all resources available to HUNIC Design when HUNIC Design requests them so hosting services can work smoothly.

If HUNIC Design shall acquire an Internet Domain Name on behalf of The CLIENT, then in such case The CLIENT waives any and all claims, which he/she may have against HUNIC Design, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name. The CLIENT will be solely responsible for monitoring and/or maintaining an active status of his/her Domain Name and for keeping its WHOIS records up to date.

The CLIENT will agree that all domain names and any material submitted for publication on HUNIC Design’s server(s) through The CLIENT'S account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. The CLIENT will agree to indemnify and hold HUNIC Design harmless for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against HUNIC Design on the grounds of such violation.

Hosting Rules:
HUNIC Design will provide managed website hosting services to The CLIENT once a formal hosting contract is entered and payment for the specific hosting package is received by HUNIC Design. The CLIENT must pay hosting invoices on time to avoid late fees, penalties or service interruptions among others. If The CLIENT defaults payment on the due date, a $25.00 fee will be automatically added on the 15th day. On the 30th day account will be disconnected and The CLIENT will need to pay the past due balance, a re-connection fee of $35.00 and the $25.00 late fee before re-connection can take place. No exceptions.

HUNIC Design does NOT and will NOT host any site which contains or promotes illegal products, illegal services and adult information of any kind. In addition The CLIENT agrees not to send any SPAM related to any site from any computer or any email accounts established and hosted by HUNIC Design. If The CLIENT ignores this policy he/she will be subject to immediate termination without exception or warning.

The CLIENT will agree that all domain names and any material submitted for publication on HUNIC Design’s servers through The CLIENT’S account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, and any harassing, offensive and/or harmful materials. HUNIC Design retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Violations to HUNIC Design’s Hosting Terms Of Service will result in immediate account termination and HUNIC Design reserves the right to charge up to $100.00 as a clean-up fee.

HUNIC Design does NOT and will NOT engage or share any visions or opinions found on website contents hosted for our CLIENTS including but not limited to political, ethnic, religious, sexual and other preferences. Anyone quoting HUNIC Design or engaging HUNIC Design in any activities without our knowledge and/or prior written consent will be prosecuted and penalized to the full extent of the law.

HUNIC Design uses reasonable precautions to keep the information disclosed to us secure. We are not responsible for any breach of security or for any actions of any third parties that receive The CLIENT’S information.

If The CLIENT discloses personal information online through e-mail, forums, discussion lists, or unsecured pages, facebook, twitter and other public sites, he/she is sharing information that can potentially be collected by others despite the security measures in place by the sender and/or recipient of such messages. We are not responsible for such third party privacy policies or how they treat information they collect from their users so The CLIENT will be solely responsible for his/her actions when submitting personal information and will hold HUNIC Design harmless of any claims arising from these actions.

We reserve the right to refuse or cancel service at our sole discretion. Failure to comply with any of our policies will result in immediate termination of services. No refunds will be issued under these circumstances.

HUNIC Design will not guarantee performance for websites that are not hosted on HUNIC’S servers. By hosting with another company The CLIENT understands and agrees that any/all future technical concerns must be filled by The CLIENT’S selected hosting company or by HUNIC Design for a fee. In addition, The CLIENT will be fully responsible for checking that the selected hosting provider is compatible with HUNIC’S website requirements. Furthermore, if The CLIENT selects a different hosting company other than HUNIC Design, he/she agrees to hold HUNIC Design harmless for malfunction or any problems that may arise as consequence of using third party hosting services.

HUNIC Design’s Website Content:
Unless otherwise specified in writing, all images, artwork, text and graphics, herein, are copyrighted to HUNIC Design LLC. All rights reserved. All other websites or work pieces contained or listed within HUNIC Design’s website are copyrighted and/or trademarked to their respective owners. The information presented on the HUNIC Design website is copyrighted to HUNIC Design LLC and for informational purposes only. The content on this website may be updated regularly and HUNIC Design’s CLIENTS will be responsible to keep up to date with the information made available to them.

Any third party use of HUNIC Design’s website content, work, whether it is graphic or written material is strictly forbidden without the written approval of HUNIC Design LLC. All artwork, text, photos, graphics, animation, designs, and material are copyrighted to HUNIC Design and may not be downloaded, reproduced, copied, resold or distributed without the written consent of HUNIC Design LLC.

Our legal representatives will pursue and prosecute those who attempt to copy any of our website content, including but not limited to our work, or the work we have developed for any of our CLIENTS. In addition, we will prosecute those who falsely promote or list any or our CLIENT’S projects as part of their portfolio pieces.

General:
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. English is the language of these Terms and Conditions and shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.

The CLIENT hereby agrees to defend, indemnify and hold harmless HUNIC Design LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of The CLIENT’S violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

If HUNIC Design LLC and The CLIENT have need for legal recourse to settle any dispute, the case will be handled by a court of law having jurisdiction in the City and State where HUNIC Design LLC’S Offices are Headquartered all within the United States of America Judicial System.

Consent to this Agreement:
By using the HUNIC Design website you consent to the above listed terms. HUNIC Design LLC reserves the right to modify our policy as needed and The CLIENT will be responsible for keeping up to date and adhering to any and all modifications.

 

     
Flash Player

Hunic Design

QR